Being Sued for a Car Accident—What Can They Take?
When the unexpected happens—a screech, a crash, a moment of shock—the legal implications of a car accident are the last thing people think about.
However, given the reality of modern driving, one must be well-equipped with knowledge of legal and financial responsibilities when the worst happens.
In California, there is a troubling rise in traffic fatalities, jumping 7.6% from 3,980 in 2020 to 4,285 in 2021, according to the California Office of Traffic Safety. Alcohol-impaired driving deaths spiked by 16%, reaching 1,370. Unrestrained passengers faced a 12.4% increase in fatalities—which totaled to almost 900.
With all that said, it’s truly important to know what’s at stake when you find yourself sued for a car accident—from the impact on your finances to the potential seizure of your assets.
Can Someone Sue You for a Car Accident if You Have Insurance?
It’s a common belief that auto insurance is a bulletproof vest, shielding you from all post-accident legal troubles. However, this isn’t always the case.
If the costs of injuries, damages, or other liabilities surpass your insurance coverage, the injured party might turn to your personal assets to cover the remainder. This means that even with insurance, you’re not entirely protected from lawsuits if the stakes are high enough.
What to Do If Someone Sues You for a Car Accident
If you’re being sued for a car accident, the first step is to contact your insurance company immediately. They’ll explain how to send them the lawsuit papers. Time is critical here—you have a limited window to respond, and if you miss it, the court could rule against you by default.
When faced with the question of “being sued for car accident, what can they take?” Your insurance should provide a lawyer to defend you, but remember that this lawyer might prioritize the insurance company’s needs over yours.
To make sure your rights are fully protected, it’s a good idea to talk to a car accident lawyer who can look out for your best interests throughout the lawsuit.
What Happens if Someone Sues You After a Car Accident Without Insurance
Driving without insurance in California and getting into an accident can be a real headache.
If you’re at fault, you’ll be on the hook for all the damages and injuries because you don’t have insurance to cover them. And if the other driver is at fault, being uninsured can seriously limit your ability to get compensation for your injuries, thanks to California’s “no pay, no play” law.
If you find yourself in an accident, here’s what to do:
- Stay at the scene and do not leave, no matter what.
- Call emergency services if anyone is hurt and get medical help right away.
- Contact the police to report the accident.
- Exchange contact and insurance details with the other driver.
- Gather the names and contact details of any witnesses.
- Avoid admitting fault or discussing who’s to blame on the spot.
- Take photos of the scene, including vehicle positions and damages, for later reference.
Is Driving Without Insurance Illegal In California?
Driving in California without insurance is illegal, and you must have at least 15/30/5 liability coverage. If you’re caught, you could face fines up to $500, depending on whether it’s your first offense or not. While being uninsured won’t affect who’s at fault in the accident, it will impact your ability to get compensated if you weren’t at fault.
How Much Can Someone Sue for After a Car Accident?
Figuring out how much someone can sue for after a car accident isn’t simple—it depends on the details of the crash. The severity of injuries, the extent of property damage, and who was at fault all play big roles in determining compensation. Generally, more severe accidents with greater impacts on someone’s life can lead to higher payouts.
In California, compensation is influenced by factors like injury severity, financial losses, and fault. For instance, minor injuries might lead to payouts ranging from $1,000 to $10,000, while severe injuries like spinal cord damage could exceed $100,000. In tragic cases like wrongful death, compensation can reach millions.
When calculating compensation, both economic and non-economic damages are considered—economic damages cover tangible losses like medical bills, lost wages, and property damage; while non-economic damages account for things like pain, suffering, and emotional distress. However, California’s “no pay, no play” law restricts uninsured drivers from claiming non-economic damages even if they aren’t at fault.
Can I Lose My House Due To An At-Fault Car Accident?
Contrary to what some might think, your home isn’t automatically at risk if you’re at fault. It’s only in jeopardy if your liability coverage doesn’t cover all the damages. For example, if your policy covers up to $100,000 and the damages are $200,000, you’d need to pay the remaining $100,000 out of pocket. If you can’t, the injured party might sue to recover the rest, potentially targeting your home.
To protect your assets, including your home, consider an umbrella policy if they exceed your coverage limits. Additionally, some states have homestead laws that protect a portion of your home’s equity from creditors, but these protections vary and may not cover the total value of your home.
Conclusion
It can feel overwhelming if you’re facing a lawsuit after a car accident, but taking the right steps can make all the difference. First, contact your insurance company and understand your coverage. If the damages exceed your policy limits, you might need to protect your assets, including your home.
At Stipp Law Firm, we understand how stressful this situation can be, and we’re here to support you every step of the way. Our experienced attorneys will work hard to protect your interests and guide you through the legal process. Reach out to us today for a consultation, and let us help you find the best path forward.